IN THE HIGH COURT OF NEW ZEALAND AUCKLAND REGISTRY
I TE KŌTI MATUA O AOTEAROA TĀMAKI MAKAURAU ROHE
CRI-2014-004-002293
[2021] NZHC 33
BETWEEN RICHARD TIMOTHY BLACKWOOD AND
Applicant
THE CROWN
Respondent
Hearing: On the papers Appearances:
J Claymore for Mr Blackwood D Johnstone for the Crown
Judgment:
28 January 2021
Reissued:
23 February 2021
JUDGMENT OF WOOLFORD J
[As to costs]
This judgment was delivered by me on Thursday, 28 January 2021 at 12:30 pm.
Registrar/Deputy Registrar
Solicitors: Claymore Partners Limited (J Claymore), Auckland
Meredith Connell (Office of the Crown Solicitor), Auckland
BLACKWOOD v THE CROWN [2021] NZHC 33 [28 January 2021]
[1] Mr Blackwood was charged with 28 separate charges by the Financial Markets Authority (the FMA). He was convicted as a party to four charges of theft by a person in a special relationship after a second trial in the High Court.1 He appealed to the Court of Appeal, which allowed his appeal.2 Mr Blackwood now applies for indemnity costs under the Costs in Criminal Cases Act 1967 in relation to his High Court costs. He says that the charges ought never to have been brought against him, there being no evidence to prove that he knew about the wrongdoing.
Procedural history
[2] The FMA alleged that Mr Bublitz knowingly misappropriated funds raised from the public by Mutual Finance Ltd (Mutual), a company he controlled, in breach of related party restrictions in a deed of guarantee between Mutual and the Crown. Messrs McKay and Blackwood were charged as parties to this offending.
[3] Messrs Bublitz, McKay, Morrison3 and Blackwood were charged on 11 March 2014. The first trial commenced before me on 8 August 2016 and was set down for 12 weeks. In November 2016 the defendants, apart from Mr Blackwood, applied for a stay of proceedings on the grounds of abuse of process, largely because of the length of the trial. I dismissed that application on 23 November 2016.4 I noted, however, that at the time of issuing that decision we had just completed week 16 of the trial. The Crown estimated that it would not finish until late February 2017. I considered that it was possible the trial would not be completed until May or June 2017. I observed that I had already dismissed 12 charges in the 7th week of trial, and another 22 charges in the 10th. I considered that the Crown had not appropriately pared back the case to its essentials. Crown counsel provided advice that in the event the trial was not severed and proceeded subject to a direction by the Court that the Crown reduce the number of charges, the Crown would elect to proceed on a specified number of charges. Nineteen charges and 32 verdicts were identified by the Crown as representing the gravamen of the allegations against the defendants. For reasons of case management, I therefore dismissed the other charges.
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CaseChat Overview and Summary
The court considered the legal issues involved in determining whether Mr Blackwood was entitled to indemnity costs, including the criteria outlined in section 5(2) of the Costs in Criminal Cases Act 1967. The court concluded that while the prosecution was appropriate, the manner of charging and the conduct of the trial were problematic, and thus an award of costs was appropriate. However, the court found that full indemnity costs were not appropriate as the Crown did not act in bad faith or with inexcusable negligence. Instead, the court considered the quantum of costs to be awarded based on the special difficulty, complexity, and importance of the case. The court awarded Mr Blackwood costs in the sum of $90,000, taking into account the relevant factors and the need for parity with a similar case.
In conclusion, the court awarded Mr Blackwood costs in the sum of $90,000 under section 5 of the Costs in Criminal Cases Act 1967, acknowledging the problematic conduct of the trial and the special circumstances of the case. However, the court found that full indemnity costs were not appropriate as the Crown did not act in bad faith or with inexcusable negligence.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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